Is H-1 and H4 stamp necessary ?

[Immigrationcp]

We are going for consular processing interview at Mumbai in the next couple of weeks.

I have a valid H-1 with my employer but my family members and I do not have the visa stamped on our passport ? Would this create any problem at the time of CP interview ?

Thanks

[kw177]

Is H-1 and H4 stamp necessary ?

Not legal Advice:

A visa (H1,H4, IV) is not a permit to stay in the US. It is simply a travel document. The permit to stay in the US is in fact the I-94 card (The white one with your name on it and an expiry date by which you are required to leave the US).

Take a photocopy of this card with you to the interview (you can't take the card as you must surrender it when you leave).

Also take a copy of your H1/H4 approval notices (originals if you can get them). This should be enough to statisfy the Consular officers that you have maintained lawful status while in the US.

[Immigrationcp]

Thanks KW177

Thanks for your advice. I have my original H1 approval notice but my employer did not file for H4 for my wife and daughter separately. However, all of us have entered the US (from Canada) on my H1 approval notice and the I-94 for all of us has an expiry date through July 2002 ( In other words, we have the visa extension since they made us fill out a new I-94) which has my employers name and case number with expiry date.
Is this enough or Is H4 approval notice absolutely necessary. We have all the other docs like marriage certificate, birth certificates etc.

[kw177]

Is H-1 and H4 stamp necessary

Not Legal Advice:

The I-94's should be enough. The approval notice shouldn't matter. It is the I-94's that show you were in the country legally and that you were all in status.

Still take those documents anyway if you have them. When it comes to documents you are better to have it and not need it than need it and not have it.

I doubt it would come up at the interview anyway, it never did at mine (but then I still had over a year left on my original H1 and never needed to renew it).

Also when your I-140 was submitted you had to submit proof that you were legaly in the country at the time anyway and the consulate knows it was approved (otherwise you wouldn't be there).